Mr. K. Dhananjayan, learned Special Government Pleader accepts notice on behalf of respondents 1 and 2 and Mr. P. Kannan Kumar, learned counsel for RR3 and 4.
2. By consent, the writ petitions are taken up for final disposal.
3. The petitioners joined the services of the Tamil Nadu State Transport Corporation as Conductor during the year 1961 and 1964, respectively. Subsequently, the Department was dismantled and several Transport Corporations were established. The petitioners were deputed to work in Pallavan Transport Corporation. The petitioners would aver that they were paid with minimum pension for the period of service from 1961 to 1975 and he retired from service in the year 1998 and 1997, respectively. The grievance of the petitioners is that they were not paid with pension for the services rendered by them in the erstwhile Transport Corporation and the representations, dated 07/13-12-2016 submitted by them in this regard are also yet to be disposed of. Hence the petitioners have come forward with these writ petitions.
4. The learned counsel for the petitioners would place reliance on the judgment dated 16-04-2008 of this Court in W.A.No.3265 of 2002(DB) (S. Jesuretnam Vs. The State of Tamil Nadu rep. by Secretary to Government). The Division Bench of this Court after taking into consideration the judgment of the Honourable Supreme Court in Govt. of Tamil Nadu Vs. Ananchu Asari (2003 (10) SCC 503) has fixed the cut off date as 01-04-1982 for conferment of pensionary benefit and since the petitioners are similarly placed prays for appropriate orders.
5. The learned Special Government Pleader appearing for the respondents 1 and 2 would submit that the writ petitions are hopelessly hit by limitation and on the ground of delay and laches and hence these writ petitions have to be dismissed.
6. This Court, heard the submissions of the learned counsel for the petitioners and the learned Special Government Pleader.
7. Though the petitioners pray for a larger relief, this Court, in the light of the facts and circumstances of the case and without going into the merits of the claim made by the petitioners, directs the second and fourth respondent to consider the representation of the petitioners, after taking note of the judgment dated 16-04-2008 of this Court in W.A.No.3265 of 2002(DB), and pass orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this M. SATHYANARAYANAN,J.
glp order and communicate the same to the petitioners.
8. The writ petitions are disposed of accordingly. No costs.